LRB-1609/1
GMM:jld&klm
2015 - 2016 LEGISLATURE
October 13, 2015 - Introduced by Representatives Loudenbeck, Kleefisch, Kulp,
Skowronski, Sinicki, A. Ott, Kitchens and Murphy, cosponsored by Senators
Petrowski, Olsen and Moulton. Referred to Committee on Children and
Families.
AB406,2,9
1An Act to repeal 48.427 (4), 48.428, 48.627 (1), 115.76 (12) (a) 8. and 895.485 (1)
2(a);
to renumber and amend 48.385 and 938.385;
to amend 20.437 (1) (cf)
3(title), 48.14 (2) (b), 48.366 (2) (b) 4., 48.38 (4) (f) 3., 48.38 (4) (fg) 5., 48.38 (4)
4(fm), 48.38 (4) (h) (intro.), 48.38 (4) (h) 2., 48.38 (4) (h) 4., 48.38 (4) (h) 5., 48.38
5(5) (c) 1., 48.38 (5) (c) 6. d., 48.38 (5) (c) 9., 48.427 (1), 48.427 (5), 48.43 (4), 48.481
6(2), 48.627 (title), 48.627 (2) (a), 48.627 (2c), 48.627 (2m), 48.627 (2s) (a), 48.627
7(2s) (b), 48.627 (3) (b), 48.627 (3) (d), 48.627 (3) (e), 48.627 (3) (f), 48.627 (3) (h),
848.627 (4), 48.647 (3) (d), 48.647 (4), 48.977 (7) (e), 49.34 (4) (a), 49.34 (4) (c),
9167.10 (7), 809.107 (2) (bm) (intro.), 895.485 (title), 895.485 (2), 895.485 (3),
10895.485 (4) (intro.), 895.485 (4) (a), 938.366 (2) (b) 4., 938.38 (4) (f) 3., 938.38 (4)
11(fg) 5., 938.38 (4) (fm), 938.38 (4) (h) (intro.), 938.38 (4) (h) 2., 938.38 (4) (h) 4.,
12938.38 (4) (h) 5., 938.38 (5) (c) 1., 938.38 (5) (c) 6. d. and 938.38 (5) (c) 9.; and
to
13create 48.02 (1dm), 48.02 (12r), 48.02 (14r), 48.38 (2m), 48.38 (4) (h) 6., 48.38
14(4) (h) 7., 48.38 (5) (bm) 3., 48.38 (5) (c) 7m., 48.38 (5m) (c) 3., 48.383, 48.385 (2),
148.43 (5) (b) 2m., 48.627 (2s) (am), 48.67 (4) (a) 1m., 48.67 (5), 895.485 (1) (title),
2895.485 (1) (ag), 895.485 (1) (c), 895.485 (1) (d), 895.485 (5) and (6), 938.02 (1g),
3938.02 (12r), 938.02 (14r), 938.38 (2m), 938.38 (4) (h) 6., 938.38 (4) (h) 7., 938.38
4(5) (bm) 3., 938.38 (5) (c) 7m., 938.38 (5m) (c) 3., 938.383 and 938.385 (2) of the
5statutes;
relating to: use of the reasonable and prudent parent standard for
6making decisions concerning the participation of a child placed in out-of-home
7care in age or developmentally appropriate activities, permanency planning for
8a child 14 years of age or over, providing an exemption from emergency rule
9procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Introduction
Recently, Congress enacted the Preventing Sex Trafficking and Strengthening
Families Act, which makes certain changes to Title IV-E of the Social Security Act
regarding: 1) use of the reasonable and prudent parent standard for making
decisions concerning the participation of a child placed in out-of-home care in age
or developmentally appropriate activities; and 2) permanency planning for children
14 years of age or over placed in out-of-home care. A permanency plan is a plan
designed to ensure that a child who is placed outside the home is reunified with his
or her family whenever appropriate or that the child quickly attains a placement or
home providing long-term stability. This bill incorporates those changes into the
Children's Code and the Juvenile Justice Code.
Reasonable and prudent parent standard
The bill incorporates the reasonable and prudent parent standard into the
Children's Code and the Juvenile Justice Code by doing all of the following:
1. Requiring a foster parent, guardian, relative other than a parent, or
nonrelative in whose home a child is placed; the operator of a group home, residential
care center for children and youth, or shelter care facility in which a child is placed;
and, in the case of a child placed in a group home, residential care center for children
and youth, or shelter care facility, a staff member employed on the site of that home,
center, or facility who has been designated by the operator of that home, center, or
facility as an out-of-home care provider for purposes of making decisions concerning
the child's participation in age or developmentally appropriate activities
(out-of-home care provider) to use the reasonable and prudent parent standard in
making decisions concerning a child's participation in age or developmentally
appropriate extracurricular, enrichment, cultural, and social activities. The bill
defines "reasonable and prudent parent standard" as a standard for an out-of-home
care provider to use in making decisions concerning a child's participation in those
activities that is characterized by careful and sensible parental decisions that
maintain the health, safety, best interests, and cultural, religious, and tribal values
of the child while at the same time encouraging the emotional and developmental
growth of the child.
2. Requiring the agency that places, or that arranges the placement of, a child
with an out-of-home care provider or the agency assigned primary responsibility for
providing services to the child, at the time of placement, to: a) provide to the
out-of-home care provider information that is specific to the child for the
out-of-home care provider to consider in making reasonable and prudent parenting
decisions concerning the child's participation in age or developmentally appropriate
extracurricular, enrichment, cultural, and social activities; and b) explain to the
out-of-home care provider the parameters of those considerations. The bill requires
that information to be prepared in consultation with the child and, if reasonably
possible to do so, the child's parent and requires that consultation to also occur and
those parameters to also be explained at the time the permanency plan is prepared
and each time the permanency plan is revised.
3. Requiring the Department of Children and Families (DCF) to promulgate
rules: a) requiring all foster parents to receive training in the use of the reasonable
and prudent parent standard in making decisions concerning a child's participation
in age or developmentally appropriate activities; b) requiring all residential care
centers for children and youth, group homes, and shelter care facilities to employ on
the site of that center, home, or facility at all times a staff member designated as an
out-of-home care provider for purposes of making those decisions (designated
out-of-home care provider) and requiring those designated out-of-home care
providers to receive that training; and c) requiring foster parents and designated
out-of-home care providers who have received that training to make those decisions
in accordance with the reasonable and prudent parent standard.
4. Providing that an out-of-home care provider who grants permission for a
child to participate in an age or developmentally appropriate activity is immune from
civil liability for any act or omission in granting that permission if in granting that
permission the out-of-home care provider applied the reasonable and prudent
parent standard in accordance with the requirements of the bill and any rules
promulgated by DCF under the bill.
5. Requiring the permanency plan for a child whose permanency goal is not to
be returned to his or her home or to be placed for adoption, with a guardian, or with
a fit and willing relative, but rather to be placed in some other planned permanent
living arrangement, to include a plan to ensure that the child has regular, ongoing
opportunities to engage in age or developmentally appropriate activities determined
in accordance with the reasonable and prudent parent standard.
6. Requiring the court assigned to exercise jurisdiction under the Children's
Code and the Juvenile Justice Code (juvenile court) or a permanency plan review
panel (panel), in reviewing the permanency plan of a child placed in a planned
permanent living arrangement, to determine the steps taken by the agency to
ascertain whether the child has regular, ongoing opportunities to engage in age or
developmentally appropriate activities and to ensure that the child's caregiver is
applying the reasonable and prudent parent standard to decisions concerning the
child's participation in those activities.
Permanency planning
This bill incorporates the changes that the federal Preventing Sex Trafficking
and Strengthening Families Act made with respect to permanency planning into the
Children's Code and the Juvenile Justice Code by doing all of the following:
1. Permitting the permanency goal of placement of a child in a planned
permanent living arrangement, other than the child's own home or the home of an
adoptive parent, guardian, or fit and willing relative, only in the case of a child 16
years of age or over. Current law does not specify an age limit for that permanency
goal.
2. Requiring the agency that prepared the permanency plan for a child placed
in a planned permanent living arrangement to present to the juvenile court or panel,
on review of the permanency plan, information showing that intensive and ongoing
efforts were made by the agency, including searching social media, to return the child
to the child's home or to place the child for adoption, with a guardian, or with a fit
and willing relative and that those efforts have proved unsuccessful.
3. Requiring the juvenile court or panel, in determining the continuing
necessity for and the safety and appropriateness of a placement in a planned
permanent living arrangement, to include in that determination an explanation of
why the planned permanent living arrangement is the best permanency goal for the
child and why it continues not to be in the best interests of the child to be returned
to his or her home or to be placed for adoption, with a guardian, or with a fit and
willing relative.
4. Requiring the agency primarily responsible for providing services for a child
who has been placed in out-of-home care for six months or more to ensure that the
child is in possession of a certified copy of the child's birth certificate, a social security
card, information on maintaining health care coverage, a copy of the child's health
care records, and either a driver's license or a state-issued identification card
(identification documents and other important information) during the 90 days
before the child attains 18 years of age or the child's juvenile court order terminates,
whichever is later.
5. Requiring the agency responsible for preparing the permanency plan for a
child 14 years of age or over to prepare the plan in consultation with the child,
requiring the permanency plan for such a child to include a plan to prepare the child
for the transition from out-of-home care to a successful adulthood (transition plan),
and requiring a child's transition plan to include a document that describes the rights
of the child with respect to education, health, visitation, and participation in juvenile
court proceedings, the right of the child to receive identification documents and other
important information as required under the bill, the right of the child to receive a
copy of his or her credit report, and the right of the child to stay safe and to avoid
exploitation. Current law requires a transition plan only for a child 15 years of age
or over.
6. Eliminating placement in sustaining care as a permanency goal for a child
following a termination of parental rights. The bill, however, permits: a) a child 16
years of age or over who is in sustaining care under a sustaining care contract entered
into before the effective date of the bill to remain in sustaining care until the
termination date of the contract; and b) a child under 16 years of age who is in
sustaining care under a sustaining care contract entered into before the effective
date of the bill to remain in sustaining care until the next permanency plan review
or hearing for the child, at which time the child's permanency plan must be amended
to provide for a permanency goal other than placement in sustaining care.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB406,1
1Section
1. 20.437 (1) (cf) (title) of the statutes is amended to read:
AB406,5,32
20.437
(1) (cf) (title)
Foster and family-operated group home parent insurance
3and liability.
AB406,2
4Section
2. 48.02 (1dm) of the statutes is created to read:
AB406,5,115
48.02
(1dm) "Age or developmentally appropriate activities" means activities
6that are generally accepted as suitable for children of a given chronological age or
7level of maturity or that are determined to be developmentally appropriate for a child
8based on the cognitive, emotional, physical, and behavioral capacities that are
9typical for children of a given age or age group or, in the case of a specific child,
10activities that are suitable for the child based on the cognitive, emotional, physical,
11and behavioral capacities of that child.
AB406,3
12Section
3. 48.02 (12r) of the statutes is created to read:
AB406,6,713
48.02
(12r) "Out-of-home care provider" means a foster parent, guardian,
14relative other than a parent, or nonrelative in whose home a child is placed, or the
15operator of a group home, residential care center for children and youth, or shelter
1care facility in which a child is placed, under the placement and care responsibility
2of the department or a county department. "Out-of-home care provider" also
3includes, in the case of a child placed in a group home, residential care center for
4children and youth, or shelter care facility, a staff member employed on the site of
5that home, center, or facility who has been designated by the operator of that home,
6center, or facility as an out-of-home care provider for purposes of making decisions
7concerning the child's participation in age or developmentally appropriate activities.
AB406,4
8Section
4. 48.02 (14r) of the statutes is created to read:
AB406,6,159
48.02
(14r) "Reasonable and prudent parent standard" means a standard for
10an out-of-home care provider to use in making decisions concerning a child's
11participation in age or developmentally appropriate extracurricular, enrichment,
12cultural, and social activities that is characterized by careful and sensible parental
13decisions that maintain the health, safety, best interests, and cultural, religious, and
14tribal values of the child while at the same time encouraging the emotional and
15developmental growth of the child.
AB406,5
16Section
5. 48.14 (2) (b) of the statutes is amended to read:
AB406,6,2017
48.14
(2) (b) The appointment and removal of a guardian of the person for a
18child under ss. 48.427,
48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and
1948.978 and ch. 54 and for a child found to be in need of protection or services under
20s. 48.13 because the child is without parent or guardian.
AB406,7,1323
48.366
(2) (b) 4. If the court determines that the person who is the subject of
24an order described in sub. (1) (a) or (b) understands that he or she may continue in
25out-of-home care, but wishes to be discharged from that care on termination of the
1order, the court shall advise the person that he or she may enter into a voluntary
2agreement under sub. (3) at any time before he or she is granted a high school or high
3school equivalency diploma or reaches 21 years of age, whichever occurs first, so long
4as he or she is a full-time student at a secondary school or its vocational or technical
5equivalent and an individualized education program under s. 115.787 is in effect for
6him or her. If the court determines that the person wishes to continue in
7out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365
8described in sub. (1) (a), the court shall schedule an extension hearing under s.
948.365. If the court determines that the person wishes to continue in out-of-home
10care under a voluntary agreement under sub. (3), the court shall order the agency
11primarily responsible for providing services to the person under the order to provide
12transition-to-independent-living services for the person under
a that voluntary
13agreement
under sub. (3).
AB406,7
14Section
7. 48.38 (2m) of the statutes is created to read:
AB406,8,215
48.38
(2m) Consultation with child 14 or over. The agency responsible for
16preparing the permanency plan for a child 14 years of age or over shall prepare the
17plan and any revisions of the plan in consultation with the child and, at the option
18of the child, with not more than 2 persons selected by the child who are members of
19any child and family team convened for the child, except that the child may not select
20his or her caregiver or caseworker to consult in the preparation or revision of the
21permanency plan and the agency may reject a person selected by the child if the
22agency has good cause to believe that the person would not act in the best interests
23of the child. The agency may designate one of the persons selected by the child to be
24the child's adviser and, as necessary, the child's advocate, with respect to application
1of the reasonable and prudent parent standard to decisions concerning the child's
2participation in age or developmentally appropriate activities.
AB406,8
3Section
8. 48.38 (4) (f) 3. of the statutes is amended to read:
AB406,8,94
48.38
(4) (f) 3. Improve the conditions of the parents' home to facilitate the safe
5return of the child to his or her home, or, if appropriate, obtain for the child a
6placement for adoption, with a guardian,
or with a fit and willing relative, or
, in the
7case of a child 16 years of age or over, obtain for the child, if appropriate, a placement 8in some other planned permanent living arrangement that includes an appropriate,
9enduring relationship with an adult.
AB406,8,1512
48.38
(4) (fg) 5.
As provided in par. (fm), placement in In the case of a child 16
13years of age or over, placement of the child in some other planned permanent living
14arrangement that includes an appropriate, enduring relationship with an adult
, 15including sustaining care, or the goal of transitioning the child to independence.
AB406,9,718
48.38
(4) (fm) If the agency determines that there is a compelling reason why
19it currently would not be in the best interests of
the
a child
16 years of age or over 20to return the child to his or her home or to place the child for adoption, with a
21guardian, or with a fit and willing relative as the permanency goal for the child, the
22permanency goal of placing the child in some other planned permanent living
23arrangement
or of transitioning the child to independence as described in par. (fg)
245 . If the agency makes that determination, the plan shall include the efforts made
25to achieve that permanency goal, including, if appropriate, through an out-of-state
1placement, a statement of that compelling reason, and, notwithstanding that
2compelling reason, a concurrent plan under s. 48.355 (2b) towards achieving a goal
3under par. (fg) 1. to 4. as a concurrent permanency goal in addition to the permanency
4goal under par. (fg) 5.
The plan shall also include a plan to ensure that the child has
5regular, ongoing opportunities to engage in age or developmentally appropriate
6activities determined in accordance with the reasonable and prudent parent
7standard.
AB406,11
8Section
11. 48.38 (4) (h) (intro.) of the statutes is amended to read:
AB406,9,129
48.38
(4) (h) (intro.) If the child is
15 14 years of age or over,
an independent
10living a plan describing the programs and services that are or will be provided to
11assist the child in preparing for the transition from out-of-home care to
independent
12living a successful adulthood. The plan shall include all of the following:
AB406,12
13Section
12. 48.38 (4) (h) 2. of the statutes is amended to read: